Agenda - Public Works Committee - 04/16/2024

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MnDOT Contract No.: 1056358 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF RAMSEY COOPERATIVE CONSTRUCTION AGREEMENT Control Section Number: 0206 Trunk Highway Number (T.H.): City Project Number: 47 22-17 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and the City of Ramsey acting through its City Council ("City"). Recitals 1. The City will perform Ramsey Villas North Sound Wall construction, and other associated construction upon, along, and adjacent to Trunk Highway No. 47 from Xkimo Street to approximately 324 feet north of Xkimo Street according to City -prepared plans, specifications, and special provisions designated by the City as City Project No. 22-17 ("Project"); and 2. The City requests the State allow the construction of the visual barrier and the State is willing to allow said construction; and Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining, and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms; Plans 1.1. Effective Date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration Date. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 2.4. State Ownership of Improvements; 5. Maintenance by the City; 8. Liability; Worker Compensation Claims; Insurance; 10. State Audits; 11. Government Data Practices; 12. Governing Law; Jurisdiction; Venue; and 14. Force Majeure. 1.4. Plans, Specifications, and Special Provisions. State -approved City plans, specifications, and special provisions designated by the City as City Project N. 22-17 are on file in the office of the City's Engineer and incorporated into this Agreement by reference ("Project Plans"). 2. Right -of -Way Use 2.1. Limited Right to Occupy. The State grants to the City (and its contractors and consultants) the right to occupy Trunk Highway Right -of -Way as necessary to perform the work described in the Project Plans. This right is limited to the purpose of constructing the Project, and administering such construction, and may -1- Construction within State R/W & Maintenance (Cooperative Agreements)